Christopher Nicholson

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Person.png Chris Nicholson   FacebookRdf-entity.pngRdf-icon.png
(Judge, author)
Christopher Nicholson.jpg
Bernt Carlsson: "the real target" of Pan Am Flight 103?
BornChristopher Robert Nicholson
5 February 1945
Alma materUniversity of Natal
Retired South African High Court Judge

Christopher Robert Nicholson is the South African High Court Judge who in 2008 acquitted President-to-be Jacob Zuma of corruption charges. In his ruling on 12 September, Judge Nicholson said it appeared that President Mbeki and his Justice Minister had colluded with prosecutors against Zuma as part of the 'titanic power struggle' within the ANC. Mbeki indignantly denied the accusations. The charges were linked to a multi-billion-rand arms deal involving, among others, British Aerospace. Judge Nicholson held that Zuma's corruption charges were unlawful on procedural grounds in that the National Directorate of Public Prosecutions (NDPP) did not give Zuma a chance to make representations before deciding to charge him. The acquittal of Jacob Zuma led to the resignation of the President of South Africa, Thabo Mbeki.[1]

On 20 October 2018, eight years after his retirement as a Judge, Chris Nicholson published an article in the Saturday Star. That article analysed in forensic detail claims that former foreign minister Pik Botha – who died on 12 October 2018 – had been booked to travel on the doomed Pan Am Flight 103 which exploded over Lockerbie, Scotland on 21 December 1988, but had instead taken an earlier flight the same day from Heathrow to New York. Nicholson concluded his analysis by asking whether UN Commissioner for Namibia Bernt Carlsson "was not the real target of those who put the bomb on Pan Am 103."[2]

Early life and cricket

Christopher Nicholson was born 5 February 1945 on a farm near Richmond, KwaZulu-Natal, South Africa, and educated at Michaelhouse and at the University of Natal (1964 to 1968) where he obtained a BA and Bachelor of Legislative Law degree. He represented the University First Cricket team and South African Universities Cricket team on a tour of England in 1967.

Chris Nicholson is a cousin of the brothers Peter and Graeme Pollock who played Test cricket for South Africa, and is a brother to Ravenor Nicholson, another first class cricketer and is also a cousin of the writer Alan Paton.[3]

Legal career

After serving as a clerk for one year in 1969 to Mr Justice R Hill in Pretoria, Nicholson was admitted as an Advocate of the Supreme Court of South West Africa (Namibia) on 15 June 1970. One of the reasons for going to SWA was to help with voluntary work in the Anglican Church. He married Jillian Frances Almond on 25 July 1970. They have two daughters Jessica and Juliette. Nicholson practised as an advocate at the Windhoek bar until December 1971. He played cricket for SWA (Namibia) and proposed that non-racial sport be introduced in SWA, which became so controversial that his practice suffered.

Nicholson returned to South Africa and became an Advocate in Durban in January 1971. He helped to found the first non-racial cricket club, Aurora, in Pietermaritzburg and was the first vice-captain. Aurora was threatened with prosecution by Minister Piet Koornhof for a breach of the Group Areas Act. At this stage his practice consisted of commercial litigation with some emphasis on human rights cases. Nicholson defended Harry Gwala in a marathon trial in the mid-seventies and was involved in a number of political trials.

Legal Resources Centre

In 1979 Nicholson, following on the efforts of Arthur Chaskalson in Johannesburg, founded the Durban chapter of the Legal Resources Centre (LRC) to assist those who could not afford advice or legal representation. Prior to and during his work with the LRC Nicholson undertook litigation and was involved in a number of reported cases which were broadly of a human rights nature. In the early days the litigation was directed against the pass and other laws which oppressed black people. Later in the mid-eighties the cases arose out of the detention and maltreatment of political opponents of the government.

Nicholson appeared before the Kannemeyer Commission for the families of the blacks shot at Uitenhage by the police on the 25th anniversary of the Sharpeville massacre. This Commission severely censured the police for their use of firearms and lack of adequate preparation and equipment.

He also became active in labour law as a result of acting for persons who were dismissed unlawfully. While Director of the LRC in Durban Nicholson published a number of books, compilations and articles. His name appeared on a secret State Security Council list of ‘politically sensitive people’ dated 10 July 1986 against whom action was to be taken. The list emerged during the TRC process. The action to be taken against him was euphemistically called ‘persistent investigation’ and consisted of more than a year of harassment, including death-threats on a daily basis to himself, wife and 12 and 10 year old daughters and the delivery of a load of ‘night-soil’. The LRC itself was targeted in a State Security Council document headed ‘Strategy for the combating of the LRC’ dated 27 October 1988.

Nicholson joined the law faculty of the University of Natal in January 1990 as a senior lecturer and served on the editorial board of the South African Journal for Human Rights. With the permission of the University he continued appearing in select cases for the LRC mostly of a human rights nature.

Taking silk

In July 1994 Nicholson left the University to return to the Legal Resources Centre as a Constitutional litigator. He became Senior Counsel in 1994 and took silk, enabling him to become a Judge. He acted as a Judge in the Natal Provincial Division from June 1995 until December 1995 and was appointed as a Judge of the High Court from 1 January 1996. The next year he was appointed as a Judge on the Labour Appeal Court, the highest court dealing with labour matters in the country.

In 1998, he was one of four Judges on the KwazZulu-Natal bench who refused to sign a petition against the present Judge president, Vuka Tshabalala. At the time, Tshabalala was vying for the top position on the KZN bench against Judge Willem Booysen who, despite being a former Broederbonder, was supported by 14 judges. They argued that Tshabalala would not command the respect of the other judges.[4]

In 2006 Judge Nicholson found the government to be in contempt of court over the provision of antiretrovirals for prisoners at Westville Prison and in mid-2008 he ruled against the Erasmus Commission, set up by Ebrahim Rasool to probe allegations of bribery in the City of Cape Town, finding that the former premier had abused his provincial powers.

In January 2009, following his Judgment acquitting Jacob Zuma of corruption charges, the Supreme Court of Appeal (SCA) bench, led by deputy president Judge Louis Harms, and including Judges Ian Farlam, Azhar Cachalia, Mandisa Maya and Nathan Ponnan, all agreed that Judge Nicholson was wrong to declare the charges against Zuma unlawful.[5]

Judge Nicholson retired in July 2010 to pursue his writing career.

Books written by Nicholson

Chris Nicholson's play "Justice is a Woman"

Following his retirement, Chris Nicholson published six books,[6] of which the first two ("Permanent Removal: Who Killed the Cradock Four?" and "Papwa Sewgolum: From Pariah to Legend") were nominated for the Alan Paton prize for non-fiction.[7]

Nicholson has also written a courtroom drama titled "Justice is a Woman" which was performed at Grace College, Hilton, KwaZulu-Natal in May 2019[8] and at the Hexagon Theatre in Pietermaritzburg in June 2019.[9]

This fascinating book reads like a novel and gave me a totally new insight into a genius but to my mind mad composer, and the ghastly Hitler, putting them into historical perspective and making me see their world in a new light- and wondering what would have happened if Hitler had not found Wagner and his music as a young man. Nicholson's theory is most interesting.[10]

Magnum opus

In January 2023, Chris Nicholson completed his seventh book which is entitled "Slain Heroes", a magnum opus comprising 58 thoroughly researched and well-written chapters on high-profile assassinations that took place during the South African apartheid era. Each chapter marshalls the facts, provides much-needed context and brings fascinating new insights into the state-sponsored slaying of Steve Biko, Bernt Carlsson, Ruth First, Dag Hammarskjöld, Chris Hani, Anton Lubowski, Samora Machel, Olof Palme, Jeanette Schoon, Dulcie September, The Cradock Four, Abram Tiro and David Webster:

1. Bloody Easter Saturday
2. Chris Hani - The best President SA never had
3. The trial and appeal
4. Arthur Kemp
5. Six similar sinister scandals
6. Conspiracy raises its ugly head
7. The plunder of Africa
8. Who Stole South Africa?
9. Murder of a marine biologist
10. The attempted invasion of Seychelles
11. The murder of Dag Hammarskjöld
12. Operation Celeste
13. The highly secret organisation Le Cercle
14. Who Killed Swedish PM Olof Palme?
15. The land God made in anger
16. Diamonds in the desert
17. Enter the Oppenheimers
18. A feisty judge
19. Tsumeb and tax evasion
20. Follow the Yellow Cake road
21. Anton Lubowski
22. Diamonds are SWAPO
23. Pan Am 103
24. One blue and one green eye
25. A very secret meeting
26. Lucky Escapees from Lockerbie Flight
27. Craig Williamson
28. More Williamson victims
29. Prophets of doom
30. The most diabolical aspect of Apartheid
31. The sterilisation programme and the 'black bomb'
32. Foreign assistance in the AIDS
33. SAIMR and the AIDS war
34. 'Dr' Maxwell returns to South Africa
35. Maxwell's vision of saving the world
36. Alexander Jones bares his soul
37. Julian Ogilvie Thompson and Anglo American
38. The progress of AIDS throughout the world
39. Incentivising the decision makers
40. Georgiadis and F W de Klerk
41. Teflon Man - the charmed life of Fana Hlongwane
42. The British bribes Basil Hersov
43. John Bredenkamp and Richard Charter
44. More German Bribes
45. Avoiding Nuremberg trials
46. Bribing the black elite
47. The Hani Memorandum
48. General Tienie Groenewald
49. Negotiations in the 1980s
50. Links that stink
51. The owner of the BMW
52. Chris Hani returns to South Africa from exile
53. Inside job
54. Tito Maleka
55. Sleaze balls
56. The sword is mightier
57. Final reckoning on liability
58. The nemesis of docility
List of authorities

Guy Rose, Nicholson's literary agent in London, is arranging for "Slain Heroes" to be published early in 2023.[11]


 

Documents by Christopher Nicholson

TitleDocument typePublication dateSubject(s)Description
Document:Afterword to "Who Really Killed Chris Hani?"Book29 February 2024Patrick Haseldine
Bernt Carlsson
Olof Palme
Samora Machel
Dag Hammarskjöld
Anton Lubowski
Ruth First
Chris Hani
Dulcie September
Steve Biko
Carroll Quigley
The Cradock Four
David Webster
Guy Rose
Mads Brügger
Courts have decided that freedom of expression trumps all other rights as without it nobody, including the courts, would ever hear of breaches of other rights. So those who have attempted to suppress this book have prevented the world from discovering and prosecuting the criminals, who perpetrated the foul murders. In law we would describe them as accessories after the fact of these killings.
Document:Goliath's Revenge - Israel and Apartheid South AfricaArticle5 January 2024Gaza
Israel
Palestine
South Africa
2023-2024 Israel-Hamas War
"During the apartheid years I practised as a human rights lawyer and one of my colleagues defended a young boy, charged with assaulting a police officer. He had thrown a stone at the man, who was on board a tank-like military vehicle, but had arrogantly left his helmet off. A law in force with regard to firearms required a warning shot to be fired in certain circumstances. The prosecutor then demanded of the latter-day David: ‘Why did you not throw a warning stone?’"
Document:Lucky Escapees from Pan Am Flight 103Article20 October 2018Bernt Carlsson
Pik Botha
Pan Am Flight 103/Cover-up
Mats Wilander
Theresa Papenfus
Gerrit Pretorius
Jeremy Shearer
Roland Darroll
In this article, Judge Nicholson analyses in forensic detail conflicting claims that former foreign minister Pik Botha had been booked to travel on the doomed Pan Am Flight 103 which exploded over Lockerbie, Scotland, on 21 December 1988. The Judge's analysis concludes by asking whether UN Commissioner for Namibia Bernt Carlsson "was not the real target of those who put the bomb on Pan Am 103."
Document:Who Really Killed Chris Hani?Book29 February 2024Bernt Carlsson
Olof Palme
Dag Hammarskjöld
Anton Lubowski
Chris Hani
Patrice Lumumba
"Apart from Chris Hani’s murder, we deal with five others, spread over three decades: Patrice Lumumba in September 1961; Dag Hammarskjöld on 18 September 1961; Olof Palme on 28 February 1986; Bernt Carlsson on 21 December 1988; and Anton Lubowski on 12 September 1989."

 

Related Document

TitleTypePublication dateAuthor(s)Description
Document:Targeting of Bernt Carlsson on Pan Am Flight 103Letter17 February 2023Patrick HaseldineIan Ferguson: "In the early stages of the Lockerbie investigation, Bernt Carlsson's Presikhaaf suitcase was seen as the more likely bomb case. Police sources at the time said that this case was cleared of being the suspect case on November 23rd 1989."

 

Documents sourced from Christopher Nicholson

TitleTypeSubject(s)Publication dateAuthor(s)Description
Document:Afterword to "Who Really Killed Chris Hani?"BookPatrick Haseldine
Bernt Carlsson
Olof Palme
Samora Machel
Dag Hammarskjöld
Anton Lubowski
Ruth First
Chris Hani
Dulcie September
Steve Biko
Carroll Quigley
The Cradock Four
David Webster
Guy Rose
Mads Brügger
29 February 2024Christopher NicholsonCourts have decided that freedom of expression trumps all other rights as without it nobody, including the courts, would ever hear of breaches of other rights. So those who have attempted to suppress this book have prevented the world from discovering and prosecuting the criminals, who perpetrated the foul murders. In law we would describe them as accessories after the fact of these killings.
Document:Goliath's Revenge - Israel and Apartheid South AfricaArticleGaza
Israel
Palestine
South Africa
2023-2024 Israel-Hamas War
5 January 2024Christopher Nicholson"During the apartheid years I practised as a human rights lawyer and one of my colleagues defended a young boy, charged with assaulting a police officer. He had thrown a stone at the man, who was on board a tank-like military vehicle, but had arrogantly left his helmet off. A law in force with regard to firearms required a warning shot to be fired in certain circumstances. The prosecutor then demanded of the latter-day David: ‘Why did you not throw a warning stone?’"
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References

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